Entries for 'Robert Thomas'

...if the power is to be shut off to more than a handful of customers statewide, the power must also be shut off to the homes of both the responsible utility execs and the state legislature and executive office buildings....

...SCOTUS Oral Argument Hinges On Internal Dispute Over Who Can Settle....

...Here is the motion asking the Hawaii Supreme Court for leave to file an amicus curiae brief (and the proposed brief)....

... read the full complaint ....

...Hawaii’s property owners now have many more options for fighting back against oppressive government regulation of property than they did last week.... 

...taxi companies in several cities have brought lawsuits claiming that legalizing ride-share services such as Uber and Lyft violates the Takings Clause of the Fifth Amendment....

...the court's conclusion that the property right to a clean and healthful environment not only requires the PUC to conduct an administrative trial, but that as part of the trial, the agency must expressly consider "the reduction of [greenhouse gas] emissions"....

"...the Eighth Amendment’s prohibition on cruel and unusual punishment bars a city from prosecuting people criminally for sleeping outside on public property when those people have no home or other shelter to go to...."

...which statute of limitations applies to takings claims: the two-year personal injury statute, or the six-year "catch all." The answer has not been definitively resolved by Hawaii's courts....

...Amicus Brief: Employer Can Fill Injured Worker's Position If There Are Legitimate Business Reasons For Doing So....

"...the JEFS system has failed to notify us of events in the cases in which we are counsel...."

...Hitting someone with a notice of violation and then telling them to disprove it (all the while laboring under ever-increasing daily fines) just won't cut it....

...Would You Pay $10 for Maui Beachfront Land?....

...Search as you might, there's nothing there that helps or hurts in the water law department....

...Welcome to newspeak, takings edition.... 

...the lambs (the voters and taxpayers) didn't have much of a say as usual, and portions of the arguments revealed what these folks think about the intelligence of the average Hawaii voter....

...The land was zoned for single-family residences, but the County of Maui decided it should be used as a public park. Instead of buying the land, however, the County wielded its regulatory authority to prevent the Leones from developing their property in any way....

...The court held that Mr. Flores -- a native Hawaiian who claims a cultural interest in the mountaintop -- owned "property," but that he had the opportunity to protect that interest in a a parallel administrative proceeding, and didn't need another one....

...The Hawaii Supreme Court has not exactly been overly receptive to executive and legislative efforts to react nimbly to court rulings....

...the jury (after deliberating for a grand total of 15 minutes) held the State of Hawaii Land Use Commission liable for a regulatory taking....

...Remember that case from earlier this year where the Hawaii Supreme Court held that for purposes of Hawaii's Due Process Clause, the Sierra Club has a property right in a "clean and healthful environment?"....

...city lawyers have taken great pains to craft the bills with language that works around areas that federal courts have found unacceptable....

...with 10 years of back payments thanks to a 3-2 decision of the Hawaii Supreme Court....

...June 11, 2018, 6:30pm....

...We're guessing both the State and the property owner will likely be taking this case up the chain to the Ninth Circuit.... 

...the 34th anniversary of the SCOTUS oral arguments in Hawaii Housing Authority v. Midkiff....

... the Hawaii Supreme Court is being asked to resolve two fundamental questions in the latest case involving the Thirty Meter Telescope ....

...The State appealed to the Intermediate Court of Appeals, arguing that Hawaii's wrongful death statute limits recovery for "the death of a person," and that the fetus did not qualify....

...the court held they could be held liable, even though it is their home, first concluding that renting out a room in your home qualifies as offering a public accommodation, even though it is your residence....

...This is Chapter 2 of the story....

...The bills, HB 2191 and HB 2194, would return the state court appeals system to the way it was prior to the 2006 amendments....

...“No court in the United States has accepted that argument, and no condemning authority has had the chutzpah to make that argument."....

...the City doesn't really care all that much about these particular businesses or their owners....

...Does the Supreme Court now have three votes to kill the telescope?....

...the William and Mary Law School awards U. Hawaii lawprof David Callies the Brigham-Kanner Prize....

...project announcement is the effective taking date triggering property owners' right to compensation and damages....

...after she was deposed, and after Hawaii became a U.S. territory, the former queen sued the United States in what was then the U.S. Claims Court....

..."Property" And Investment-Backed Expectations In Ridesharing Regulatory Takings Claims....

...Blood bank sues over city push to take land for rail.... 

The case involves three parcels on Kauai -- one of which is owned by a fellow who has been a thorn in the County's side....

...city officials feel they have been given the green light to get the project finished, whatever the eventual cost might be....

...looking for the "real" motive behind a government action seems an awful lot alike to us? Our old friend, pretext in eminent domain....

...when it is mailed by the appellant, or when received by the Board of Registration Appeals....

...the University of Hawaii Law Review is devoting one of its issues to a symposium on issues related to the sharing economy....

The State of Hawaii Attorney General is looking for a Deputy Solicitor General....

... the parcel is zoned "Hotel" but is designated on the Community Plan as "park" ....

...Writ to Watch: Hyland v. Gonzales....

...the court also issued a writ of execution, ordering the local branches of the banks in which the CNMI government kept its cash to deliver "all monies and proceeds" to the property owner's lawyer....